Hallsville’s lagoon level rises as court case drags on

Saturday

Apr 28, 2012 at 12:01 AMApr 28, 2012 at 1:00 AM

Jodie Jackson Jr.

A tract of condemned farmland near Hallsville remains in limbo as attorneys for the city of Hallsville and the Frank Martin family await a May 7 court hearing. But the biggest player in the ongoing court battle could be Mother Nature.

As the case has continued through the judicial system, the water level of a wastewater holding cell at the center of the dispute has been increasing. City officials expect the lagoon to begin discharging in two to three weeks unless irrigation can begin.

"It all depends on rainfall," Martin said yesterday.

Mayor Cheri Reisch, who opposed the city's use of eminent domain to obtain 148 acres of the Martin farm, said she was "just praying we don't get too much rain right now."

The city deposited $1.25 million with the Boone County Circuit Clerk's Office on March 3 to buy 148 acres of the Martin farm, while also filing a motion for a jury to set the final cost of the land. The jury trial has not been scheduled, but a number of other related motions on Circuit Judge Christine Carpenter's docket could provide clarity for use of the land.

The Hallsville Board of Aldermen filed a lawsuit Oct. 18 seeking control of the property via eminent domain. Carpenter issued a condemnation order for the city on Nov. 30. City officials contend that treated wastewater illegally discharged into a nearby creek, from a holding cell located on the Martin farm, because the Martins did not use enough of the water for irrigating their crops.

In August, a consent judgment entered against the city on behalf of the Missouri Department of Natural Resources ordered the city to avoid future illegal discharges and to make necessary improvements to the sewer system. The city also negotiated an $80,000 fine down to $12,000. City officials sought to gain control of the 148-acre tract for use as an irrigation field to "draw down" the water level to keep the holding cell from discharging.

The Martins made several attempts to negotiate a solution, but city officials rebuffed those efforts. The Martins contend that their agreement with the city for exclusive rights to the water allows them to irrigate "as needed" for crop production.

But Martin said he wouldn't be irrigating with the water even if he were allowed to prepare the 148-acre tract for planting corn. Martin has repeatedly claimed that the holding cell is not large enough to hold the amount of wastewater flowing from the city's sewer system, which he said is inundated with inflow and infiltration of stormwater runoff.

"We have a system that's not large enough to accommodate the amount of water the town's producing," he said.

Martin attorney Robert Perry said the deficiencies in Hallsville's sewer system won't be solved by the city's irrigation plan.

"They put all their eggs in this condemnation basket, and it's not even clear the condemnation's going to work for them," Perry said.

The Martins were granted a temporary restraining order on Monday to keep the city from irrigating, even though the city legally has possession of the tract in question. The May 7 court date could determine whether that restraining order will continue.

Reisch said she's still hoping that "something can be worked out amicably" with the Martins to resolve the issues and to avoid further legal costs.

"Basically, we're kind of in a holding pattern," she said, suggesting that "possible mediation" could be used to reach a settlement that doesn't involve the city taking the Martin property. Reisch also said there's a possibility of getting another "farmer partner" on board to use some of the excess water.

But time is not on the city's side. DNR has promised additional fines if the lagoon discharges again.

"There absolutely is urgency," Reisch said. "The unknown is what will the state of Missouri do to the city of Hallsville. We don't want to cross that bridge."